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DMKH Update - How to get refund of Excess /Incorrect ROC Fees paid for availing MCA 21 services

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  • uresha amit ratanpal
    1. What is refund process? The user is required to make various payments to avail MCA21 services. A number of instances have been observed where the users make
    Message 1 of 1 , Jun 1, 2011
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      1. What is
      refund process?

      The user is
      required to make various payments to avail MCA21 services. A number of
      instances have been observed where the users make multiple payments or incorrect
      payment or excess payment while using these services. In order to allow the
      stakeholders to claim refund of such payments, refund process has been
      introduced by MCA.

      2. How can I apply
      to claim refund?

      You are required
      to file the ‘Refund Form’ available on MCA21 portal for claiming
      refund.

      3. Under which
      circumstances refund of MCA 21 fees is available?

      The refund of
      MCA21 fees is available in the following cases:

      a) Multiple
      Payments – This includes cases where service seeker does multiple filings
      of eForm 1 or eForm 5 and makes payments more than once (multiple times) for
      the same service. However, refund shall not be allowed in respect of approved
      eForms.

      b) Incorrect Payments
      – This includes cases where the service seeker has made payment in
      respect of an eForm or Stamp duty through an incorrect option under Pay
      miscellaneous fee facility.

      c) Excess
      Payment – This includes cases where any excess fee has been paid by the
      service seeker due to some incorrect data entered in the eForm or incorrect
      data in MCA21 system due to migration of data from legacy system.

      4. Can I claim
      refund for excess/ incorrect payments made for stamp duty payments?

      No, for refund
      of stamp duty, you are required to approach the concerned state/ union
      territory.

      5. My company
      has been amalgamated. Whether the transferee company can claim the refund?

      Yes, In case of
      amalgamation, filing shall be allowed by the transferee company.

      6. For which all
      payments, refund process is not applicable?

      Refund process
      is not applicable for the following services/ eForms:


      Public
      Inspection of documents
      Request
      for Certified Copies
      Payment
      for transfer deeds
      Stamp
      duty fee (D series SRN)
      Form
      1A – Name withdrawn cases
      IEPF
      Payment
      STP
      Forms i.e. Form 23B, 20B, 23AC, 66, 21A, 23ACA, Form 14 – LLP, DIN-3
      (even for cases when the same were non STP earlier)
      Form
      DIN – 1
      Form
      1AA
      Form
      22
      Form
      4
      Form
      22B
      Form
      25C
      Form
      15
      Form
      23AA
      Form
      36
      Form
      DDB
      Form
      68


      7. Do I have to
      pay any fee for filing the refund eForm?

      No there is no
      fee for filing the refund form.

      8. Is there any
      time limit for filing refund eForm?

      Yes, the refund
      form is to be filed within the stipulated time period. Also, there shall be deduction
      in the amount to be refunded based on time period within which refund eForm is
      filed. The following is the time slab for filing refund form and the
      corresponding deduction in refund amount:




      Time
      within which refund application is made


      Default
      value 
      for deduction




      0-90
      days


      2.5%




      91-180
      days


      5%




      181-
      270 days


      7.5%




      271-365
      days


      10%




      >365
      days


      25%




      Filing of refund
      form shall not be allowed after expiry of 1095 days of filing of the original
      request.
      For all earlier cases, (i.e. cases filed before introduction of refund
      process), the time limit shall be considered from the date on which the refund
      process is introduced i.e. from 01/05/2011.

      9. What are the
      different modes of payment of refund available under refund process?

      Currently, the
      mode of payment of refund shall be through cheque only. Later, provision for
      payment of refund through ECS will also be made available.

      10. If I choose
      mode of payment of refund as “Direct deposit into your bank account”,
      which all Banks are available for the same purpose?

      Currently, the
      facility for “Direct deposit into your bank account” is not
      available. The same will be made available later.

      11. I have filed
      a refund eForm for refund of multiple payment of Form 1. However the same has
      been rejected. Whether I can file the refund eForm again in respect of the same
      SRN?

      Yes, filing of
      another refund form in this case is allowed. However, only one other refund
      form is allowed to be filed in respect of one transaction i.e. if the refund
      form in respect of the same request is rejected twice, filing of another refund
      eform shall not be allowed.

      12. Status of my
      refund eForm is shown as ‘‘Eligible for refund”, however I
      have not yet received the Cheque for the refund. What shall I do?

      Once the refund
      eForm is found to be ‘‘Eligible for refund”, MCA shall
      intimate the same to you through email along with the format of G.A.R 33. This
      GAR 33 is also available at the ‘Track Transaction status’
      functionality available on the MCA21 portal. You are required to send signed
      G.A.R. 33 as a physical copy to Drawing and Disbursement Officer, Ministry of
      Corporate Affairs as per the details mentioned in the G.A.R. 33.
      After receipt of the G.A.R. 33, a refund Cheque shall be prepared and shall be
      sent to you.

       

      Thanks
      n Regards,

       

      CA.
      OM SOMANI

      DMKH
      & CO.,

      C-9, Sanjay Aptt., SVP Road, Near Gokul Hotel, Borivali-w,
      Mumbai

      Tel : 022-28916494/95, Mobile : 9869972402, 9320206103


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